SRC-LBB C.S.S.B. 1575 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1575
78R15241 PB-FBy: Carona
State Affairs
5/11/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, the Texas Workers' Compensation Commission (TWCC) is authorized
to form a Medical Quality Review Panel.  C.S.S.B. 1575 provides members of
TWCC's Medical Quality Review Panel immunity from civil liability for an
act performed or recommendation made within the scope of the functions of
the panel. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 413.0512(d), Labor Code, to provide that a
person who serves on the medical quality review panel is immune from suit
and from civil liability for an act performed or recommendation made
within the scope of the person's functions as a member of the panel, if
the person acts without malice and in the reasonable belief that the
action or recommendation is warranted by the facts known to that person.
Provides that a person who serves on the panel is entitled to the same
protections afforded a commission member under Section 402.010 (Civil
Liability of Member), in the event of a civil action brought against a
member of the panel arising from the member's participation on the panel.
Deletes text "in good faith as a member of the panel." 

SECTION 2.  Provides that Section 413.0512(d), Labor Code, as amended by
this Act, applies to a member of the medical quality review panel
regardless of whether the person is a member of the panel at the time the
action is brought.  

SECTION 3.  Effective date:  upon passage or September 1, 2003.